Re-adoption of foreign child in Commonwealth of VA?
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Re-adoption of foreign child in Commonwealth of VA?
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We have adopted a little girl from China. We are just about to our 1 year mark, and are starting the process of 're-adopting' as required by VA to receive a Birth Certificate. We are attempting to do as much of this on our own as possible. One of the first parts of the directions says to 'call or go to the county clerk of the circuit court of our residence and get a case number and use this on all documents for the court."
My question is, what if any documentation will we need to provide the court to get this 'case' number. We live in a VERY rural part of the state, International adoptions are as rare as hens teeth as they say. So I know that those at the court house will be out of the loop.
But the first thing is to acquire this 'case number' I just need to know do they just provide this number, or do we need paper work for the adoption to show them before they provide the number.
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BLW_KAM
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Mama Kate is right. Call the country clerk first and see what they need to give you a number.
You probably already know this, but here are the Virginia Statutes on Intercountry Adoptions:
Readoption After an Intercountry Adoption
Citation: Ann. Code § 63.2-1220(B)-(C)
Adoptive parents who are residents of the Commonwealth may petition the circuit court in the city or county where they reside for a report of adoption when the adoptive parents are seeking a Virginia certificate of birth for a child adopted in a foreign country that has postadoption reporting requirements and with whom the United States has diplomatic relations. The adoptive parents shall provide the circuit court with:
Evidence, such as an admission stamp in the child's passport, that the child was admitted to the United States with an immediate relative immigrant visa (IR-3)
A report of adoption on a form furnished by the State Registrar of Vital Records
Completed postadoption reports
A signed affidavit stating that any outstanding postadoption requirements shall be met as required by the foreign country
The affidavit shall also include the name by which the child is to be known.
The circuit court shall review all documents provided by the adoptive parents. If the circuit court finds that all requirements of this subsection have been met, the circuit court may issue the report of adoption to the State Registrar for issuance of a Virginia certificate of birth in accordance with § 32.1-262.
Except as provided above, adoptive parents seeking to have a child from a foreign country adopted or who choose to readopt a child from a foreign country in Virginia shall comply with all adoption requirements of this chapter in order to get a Virginia certificate of birth.
Application for a U.S. Birth Certificate
Citation: Ann. Code §§ 32.1-261(E); 32.1-262(D)
The State Registrar shall establish and register a Virginia certificate of birth for a person born in a foreign country and for whom a report or final order of adoption has been entered in a court of this Commonwealth when the State Registrar receives an adoption report as provided in § 32.1-262 and a request that such a certificate be established and registered. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption. The report shall not be subject to inspection except upon order of a court.
The birth certificate shall show the true or probable foreign country of birth and shall state that the certificate is not evidence of U.S. citizenship for the child for whom it is issued or for the adoptive parents.
When the State Registrar receives a report of adoption from a court in this Commonwealth for a person born in a foreign country, a birth certificate shall be registered for such person in accordance with the provisions of § 32.1-261, and a copy of the report of adoption shall be transmitted to the appropriate Federal agency. |
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MamaKate
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Dear Lilly,
You will get the most accurate response directly from the clerk of court. Just because you are in a rural area doesn't mean they don't know how to handle this. I doubt they are as "out of the loop" as you think. I am sure that they have most likely handled domestic infant and foster-adopt situations and given case numbers for those. You are basically doing the same thing - just with a child you brought from another country. Call and ask them what you paperwork need to provide. |
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